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John Bailes v York Condominium Corporation No. 210 - 2018 ONCAT 17 - 2018-10-17

Corporation:

JBYCC 210

Date:

2018-10-17

Under:

CAT Decisions - Consent Order
Entitlement to Records

Summary:

In the case of John Bailes v York Condominium Corporation No. 210 (2018 ONCAT 17), a consent order was reached through Stage 2 Mediation at the Condominium Authority Tribunal. The Applicant and the Respondent, York Condominium Corporation 210, settled the dispute with the Respondent providing the requested information: "A list of owners and addresses suitable for service, including postal codes." Following the successful mediation, both parties consented to the closure of the file, and the Tribunal issued an order closing the case, emphasizing that it has been fully resolved and cannot be reopened.

Verdict:

In the case of John Bailes v York Condominium Corporation No. 210, a Consent Order was reached through Stage 2 Mediation, settling the dispute regarding entitlement to records. The order confirms that the Respondent provided the requested information to the Applicant, leading to the closure of the file, highlighting the effectiveness of mediation in resolving condominium-related disputes efficiently.

Takeaways:

Efficient Mediation Resolution: The Condominium Authority Tribunal (CAT) closed the case of John Bailes v York Condominium Corporation No. 210 through a Consent Order, indicating a successful resolution achieved in Stage 2 Mediation. This underscores the efficiency of mediation in settling disputes without the need for a formal hearing.

Specific Records Entitlement: The users, including the self-represented applicant and represented respondent York Condominium Corporation 210, reached a settlement where the respondent agreed to provide the applicant with a specific set of records: "A list of owners and addresses suitable for service, including postal codes." This demonstrates the tailored nature of resolutions in addressing the applicant's entitlement to specific records.

Mutual Agreement on Closure: Both parties consented to the closing of the file, signifying that the users were satisfied with the resolution achieved during mediation, and no further actions were required.

Finality of Resolution: The CAT's order emphasizes the finality of the resolution, stating that the case has been fully resolved in Stage 2 Mediation and cannot be re-opened, providing closure to the matter.

Recommendations: 

Facilitate Communication Channels for Records Requests:
Condominium corporations are encouraged to establish clear and efficient communication channels for records requests. This involves providing guidance to unit owners on the appropriate channels, forms, and procedures for making requests, ensuring that the process is transparent and accessible. This can contribute to smoother dispute resolution processes and may minimize the need for tribunal intervention.

Promote Mediation as a Dispute Resolution Mechanism:
Promote the benefits of mediation as an effective and collaborative method for resolving disputes related to entitlement to records. Condominium corporations should consider actively encouraging unit owners and respondents to engage in mediation, emphasizing its potential to achieve mutually satisfactory outcomes and avoid protracted legal proceedings. Mediation can be an efficient means of resolving disputes while maintaining positive relationships within the condominium community.

Enhance Education on Records Access Rights:
Increase awareness and understanding of the rights and responsibilities related to records access under the Condominium Act, 1998. Both condominium corporations and unit owners should have access to educational materials, workshops, or resources that explain the legal framework, procedures, and obligations concerning records access. An informed community is more likely to engage in constructive communication and follow proper channels for dispute resolution.

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